At least we agree on something.

 

[QUOTE]Originally posted by Bieg:
[B] At least we agree on something.

 

[QUOTE]Originally posted by nvmys2k:
[B] Holy sh!t...If Bieg and Rylan can agree on something, I think BUSH and GORE should do the same in Florida.

 

In all seriousness I was at the shop today. John's CRX is on the way...and when I left the s2k was on the lift. I'm sure it will be taken care of first thing in the morning. no one can plan for their car to break. It's unfortunate...but I know John will come through. Well its been great feeling like I own an S2000...but If I had to associate with you assholes j/k... I would sell mine too. Keep ripping up the twisties...and if you got the bojangles to race me in the quarter let me know...maybe we could race for titles or something.

 

You should check out i-escrow.com

I used it for an e-bay transaction and for a small fee, they will broker any transaction by holding payment for an item until the buyer receives and approves of the condition of the item. Once approved, the seller gets paid. Not approved, buyer has to return item or the seller gets paid. Buyer returns item, gets money back.

Disclaimer: I don't work for or have anything to do with this service. Just used it once myself.

 

This thread is quite the soap opera. Krazik, you have every right to be pissed. The reason for VT's non shipment is none of your concern. I contract was made, but VT failed to perform. He is in breach.

If it were me, I'd get a refund, minus 100 bucks as a deposit to get the parts if they still are in VT's possession. If he refuses, reverse charges on you CC, and let you CC company deal with VT. He runs the potential of having his credit damaged.

Earlier, one poster made the following statement:

"I don't think Strike gets it. Maybe Krazik will get the parts and maybe he won't. In the meantime, he hasn't. VaporTrail's offer to refund the money isn't good enough. Krazik is entitled to the benefit of his deal - the headers. It seems to me that this situation presents an issue of integrity, not "whining.""

What is advocated here is 'specific performance' or, alternatively stated 'benefit of the bargain.' The contract in place does not afford Krazik this remedy. However, Krazik could recover contract damages if VT continues to stall. Contract damages = payment refund.

 

Uh-oh, looks like we have lawyers involved now-- so much for a happy ending.

 

Frayed said:


What is advocated here is 'specific performance' or, alternatively stated 'benefit of the bargain.' The contract in place does not afford Krazik this remedy. However, Krazik could recover contract damages if VT continues to stall. Contract damages = payment refund.

_______________

Sorry, Frayed, but you've got it wrong. The measure of contract damages is the benefit of the bargain. The benefit of the bargain is a set of headers at the contract price. Damages therefore would be measured by the cost to cover (purchase of similar item at market); damages, if any, would be the difference of the contract price and cover price. This, of course, is the measure of contract damages whether under the Uniform Commercial Code, or under common law (or under the Restatement of Laws, 2nd, Contracts.

Specific Performance would be an order of the court requiring VT to perform, i.e., deliver the item. That remedy would be unlikely because contract damages would be an adequate remedy under these facts.

2x6spds

 

Forgive my poor typing above; it's late.

Anyway, my point is simply that the honorable thing to do is for VT to refund Krazik's cash, minus a deposit since he wants the hardware despite this mess, and when VT 'gets around to it,' get everything ready for shipment. As soon as the balance is received (again) from Krazik, VT should ship everything out.

There. Everyone is happy. Krazik has dibs on the parts, is out only a deposit, and VT has all the time in the world to surf the web, drink beer, rebuild crx's, and annoy others.

For some odd reason, it seems that once a seller has his money, the seller is not too motivated to be timely. Go figure.

peace.

 

*yawn* gosh it's late...this soap opera could use a wash. It's become rather stale and boring, at least before it was entertaining to watch the busybodies get worked up over somebody else's problem.

Well, as my friend Rocky stated, the S is on the lift at work as we speak. I've removed the exhaust, cat, but it was nearly 6:30 by that time, long after UPS quits doing it's pickups. So, I quit for today. Tomorrow morning I should have no problems removing the header, and springs, and shipping it all off. This will all happen, much to everyone's dismay, long before any lawsuits are filed. Oh darn Wait, didn't I say it would happen this way?

And then, tracking numbers will be issued, and a short time later, everyone (including the other two buyers, who were patient, and understanding) will have their parts, just as I said they would. And two outta three will be happy - in baseball that'll get ya in the hall of fame.

Then the saga will be over. The question remains: What will you busybodies and socialites do without your daily dose of this soap opera? I guess you could go back to measuring your neighbor's lawn to make sure the grass is below regulation height, or other nosy neighbor activities. I'd love to stay and chat more, but I've got a party to attend...